Bhagelu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43894 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Bhagelu Manjhi Son of Mangal Manjhi Resident of Village - Adampur, P.S.- Manjhagarh, Distt - Gopalganj. ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jitendra Kumar Singh, Advocate For the Opposite Party :

Mr.Sunil Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for offence under section 376 of the Indian Penal Code and sections 4/8 of the POCSO Act on the allegation that he went to the house of the informant and anyhow committed rape on his 10 years old daughter.

Learned counsel for the petitioner submits that the petitioner is a labour and is in custody since 1.5.2019 having no criminal antecedent.

Learned counsel for the State opposes the prayer for bail stating that the girl has made serious allegation against the petitioner in her section 164 Cr.P.C. statement. In view of the nature of allegation against the petitioner, his prayer for bail is rejected.

(Prabhat Kumar Singh, J) Shashi U T